alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cox v. Justice.

(Decided November 8, 1917.)

Appeal from Boyd Circuit Court.

Forcible Entry and Detainer. — As the evidence shows that the appellant was a tenant and not a purchaser of the land from which he was ejected by a writ of forcible detainer, the judgment is affirmed.

JAMES F. CLARK for appellant.

W. H. FLANERY, JOHN L. SMITH and GEORGE B. MARTIN for appellee.

Opinion op the Court by

Judge Carroll

— Affirming.

This is a forcible detainer case commencing in the police court of Cattlettsburg, where a writ was sued out by Justice against Cox, charging that Cox had forcibly, detained from him a house and lot in the city of Catletts*599burg. On a trial in the police court there was a judgment of restitution on behalf of Justice, and an appeal by Cox to the circuit court. On a trial in the circuit court there was a verdict and judgment in favor of Justice, and Cox appeals.

The case is a very simple one, depending entirely on facts. Cox claims that he took possession of the premises in controversy as a purchaser from Justice at the price of $350; whiie Justice claims that Cox entered as his tenant and as such tenant remained in possession of the premises until this writ of forcible detainer was sued out. In support of this contention, Justice filed a writing executed in May, 1913, signed by himself and Cox’in which it was recited that Cox had paid his rent up' to that date and was to pay as rent thereafter five dollars a month for the place.

To avoid the effect of this writing Cox claimed that it was procured from him by fraud or mistake upon his part as to its contents, and also introduced some evidence tending to show that in 1911 he and Justice entered into a verbal contract by which he purchased the house and lot from Justice at a stipulated price, part-of which he paid in cash and the balance at different times thereafter until the full purchase price of $350 had been paid.

All of this was denied by Justice, who also introduced some evidence tending to show that Cox, while in possession of the premises, admitted that he was holding them as a tenant.

The issues between the parties as to whether Cox was a tenant or purchaser, and as to whether the writing acknowledging his tenancy was procured by fraud or mistake, were submitted to the jury under appropriate instructions, and the jury, as we have said, found for Justice.

There being no error in the record, the judgment is affirmed.
# EUR-Lex - 11957E/PRO/BEI/09 - EN

Avis juridique important

*|*

# 11957E/PRO/BEI/09

**TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON THE STATUTE OF THE EUROPEAN INVESTMENT BANK, ARTICLE 9 **

*

*

++++

Article 9

1 . The Board of Governors shall consist of the Ministers designated by the Member States .

2 . The Board of Governors shall lay down general directives for the credit policy of the Bank , with particular reference to the objectives to be pursued as progress is made in the attainment of the common market .

The Board of Governors shall ensure that these directives are implemented .

3 . The Board of Governors shall in addition :

( a ) decide whether to increase the subscribed capital in accordance with Article 4 ( 3 ) and Article 5 ( 2 ) ; (*)

( b ) exercise the powers provided in Article 6 in respect of special loans ;

( c ) exercise the powers provided in Articles 11 and 13 in respect of the appointment and the compulsory retirement of the members of the Board of Directors and of the Management Committee , and those powers provided in the second subparagraph of Article 13 ( 1 ) ; (*)

( d ) authorise the derogation provided for in Article 18 ( 1 ) ;

( e ) approve the annual report of the Board of Directors ;

( f ) approve the annual balance sheet and profit and loss account ;

( g ) exercise the powers and functions provided in Articles 4 , 7 , 14 , 17 , 26 and 27 ; (**)

( h ) approve the rules of procedure of the Bank .

4 . Within the framework of this Treaty and this Statute , the Board of Governors shall be competent to take , acting unanimously , any decisions concerning the suspension of the operations of the Bank and , should the event arise , its liquidation .

(*) Subparagraphs ( a ) and ( c ) as amended by Article 4 of Protocol No 1 annexed to the Act of Accession .

(**) Subparagraph ( g ) as amended by Article 3 of the Treaty amending the Protocol on the Statute of the Bank .
#### § 540.2 Program.

The Executive Director is designated as the Commission's official responsible for implementation and oversight of information security programs and procedures. He acts as the recipient of questions, suggestions, and complaints regarding all elements of this program, and is solely responsible for changes to it and for insuring that it is at all times consistent with Executive Order 12356. The Executive Director also serves as the Commission's official contact for requests for declassification of materials submitted under the provisions of Executive Order 12356, regardless of the point of origin of such requests. He is responsible for assuring that requests submitted under the Freedom of Information Act are handled in accordance with that Act and that declassification requests submitted under the provisions of Executive Order 12356 are acted upon within 60 days of receipt.

[44 FR 55381, Sept. 26, 1979]
II 

118TH CONGRESS 

2D SESSION S. 5080 

To amend title 39 of the United States Code to require the Postmaster 

General to be appointed by the President, subject to Senate confirmation, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2024 

Mr. OSSOFF introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend title 39 of the United States Code to require 

the Postmaster General to be appointed by the President, 

subject to Senate confirmation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Postmaster General 

5 Reform Act of 2024’’. 

6 SEC. 2. AMENDMENTS. 

7 (a) BOARD OF GOVERNORS.—Section 202(c) of title 

8 39, United States Code, is amended to read as follows: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5080 IS

1 ‘‘(c)(1) The Postmaster General shall be a voting 

2 member of the Board. 

3 ‘‘(2) The pay and term of service of the Postmaster 

4 General shall be fixed by the Governors.’’. 

5 (b) POSTMASTER GENERAL.—Section 203 of title 39, 

6 United States Code, is amended— 

7 (1) by striking ‘‘The chief’’ and inserting the 

8 following: 

9 ‘‘(a) IN GENERAL.—The chief’’; 

10 (2) in subsection (a), as so designated by para11 graph (1), by striking ‘‘appointed under section 

12 202(c) of this title’’ and inserting ‘‘, who shall be 

13 appointed by the President, by and with the advice 

14 and consent of the Senate’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(b) TERMS AND TERM LIMITS.—The Postmaster 

17 General shall serve for a term of 5 years, which may be 

18 renewed, with the consent of the Senate, for a single addi19 tional 5-year term.’’. 

20 (c) PROCEDURES OF THE BOARD OF GOVERNORS.— 

21 Section 205(c)(1) of title 39, United States Code, is 

22 amended by striking ‘‘in the appointment or removal of 

23 the Postmaster General, and’’. 

24 (d) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect beginning with the first apVerDate Sep 11 2014 15:41 Sep 21, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5080.IS S5080

ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 5080 IS

1 pointment of an individual to serve as the Postmaster 

2 General on or after the date of enactment of this Act. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
#### § 80.869 Test of radiotelephone station.

Unless the normal use of the required radiotelephone station demonstrates that the equipment is operating, a test communication on a required or working frequency must be made each day the ship is navigated. When this test is performed by a person other than the master and the equipment is found to be defective the master must be promptly notified.
CERTIFICATION
Exhibit 31(i).1I, Charles L. Smith, certify that:1)   I have reviewed this quarterly report on Form 10-Q of ThermoView Industries, Inc.;2)   Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;3)   Based on my knowledge, the financial statements and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;4)   The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and have:a)
Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;b)
Evaluated the effectiveness of the registrant's disclosure controls and procedures; and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; andc)
Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and5)   The registrant's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent function):a)
All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; andb)
Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.Signature and Title:/s/ Charles L. Smith
Date:August 22, 2005Chief Executive OfficerA signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to ThermoView Industries, Inc. and will be retained by ThermoView Industries, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>   1
                                                                   EXHIBIT 3.1.2




                            CERTIFICATE OF AMENDMENT
                        OF CERTIFICATE OF INCORPORATION
                            OF E-Z SERVE CORPORATION


          E-Z Serve Corporation, a Delaware corporation (the "Corporation"),
hereby certifies that:

         FIRST:  At a meeting of the Board of Directors of the Corporation,
resolutions were duly adopted setting forth a proposed amendment of the Amended
and Restated Certificate of Incorporation of the Corporation, declaring the
amendment to be advisable and putting forth such amendment for consideration at
the annual meeting of the stockholders.  The resolution setting forth the
proposed amendment is as follows:

                          RESOLVED, that the first paragraph of Article Four of
         the Corporation's Amended and Restated Certificate of Incorporation is
         hereby amended in its entirety to read as follows:

                          "The aggregate number of shares which the Corporation
         shall have the authority to issue is twenty-eight million
         (28,000,000), of which twenty-five million (25,000,000) shares shall
         be designated as Common Stock of the par value of one cent ($0.01) per
         share ($250,000); and three million (3,000,000) shall be designated as
         Preferred Stock of the par value of one cent ($0.01) per share
         ($30,000)."

         SECOND:  Pursuant to a resolution of the Corporation's Board of
Directors, the annual meeting of the stockholders of the Corporation was duly
called and held on June 26, 1992, upon notice in accordance with the Delaware
General Corporation Law at which meeting the necessary number of shares as
required by statute were voted in favor of the amendment.

         THIRD:  The amendment was duly adopted in accordance with the
provisions of Section 242 of the Delaware General Corporation Law.

         IN WITNESS WHEREOF, the Corporation has caused this certificate to be
signed by  Neil H. McLaurin, its President, and attested to by John T. Miller,
its Secretary, on June 30, 1992.

                             E-Z SERVE CORPORATION



                             By:      /s/ Neil H. McLaurin 
                                ----------------------------------
                             Name:   Neil H. McLaurin 
                             Title:  President
<PAGE>   2
Attest:



By:      /s/ John T. Miller
   ---------------------------                
Name:    John T. Miller
Title:   Secretary





                                     -2-
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly Report of Medical Makeover  Corporation of
America  (the  "Company")  on Form 10-Q for the quarter  ending June 30, 2006 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Periodic Report"),  I, Douglas P Martin , Acting Chief Executive Officer of the
Company, certify, pursuant to 18.U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, that:

     1. The Periodic  Report fully  complies  with the  requirements  of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

     2. The information contained in the Periodic Report fairly presents, in all
material  respects,  the  financial  condition  and results of operations of the
Company.



/s/Douglas P Martin
-------------------------------
Chief Executive Officer
  August 23, 2006




--------------------------
This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906,  has been  provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATIONS


In connection with the Quarterly Report of Chandler (U.S.A.), Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), W. Brent
LaGere, as Chief Executive Officer of the Company, and Mark C. Hart, as Chief
Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes - Oxley Act
of 2002, to the best of his knowledge, that:

(1)  The Report fully complies with the requirements of Section 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

(2)  The information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company.



                                        /s/ W. Brent LaGere
                                        --------------------------------------
                                        W. Brent LaGere
                                        Chief Executive Officer
                                        August 3, 2006



                                        /s/ Mark C. Hart
                                        --------------------------------------
                                        Mark C. Hart
                                        Chief Financial Officer
                                        August 3, 2006

A signed original of this written statement required by Section 906 has been
provided to Chandler (U.S.A.), Inc. and will be retained by Chandler (U.S.A.),
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
ATTACHMENT RISK CHARACTERIZATION CAS # 22288-41-1


## SAtV1TlZED~ ~~ ~
Document

Exhibit 10.6

AMENDMENT 
TO 
ALNYLAM PHARMACEUTICALS, INC. 
AMENDED AND RESTATED 2004 EMPLOYEE STOCK PURCHASE PLAN 
C. The Alnylam Pharmaceuticals, Inc. Amended and Restated 2004 Employee Stock Purchase Plan (as amended, the “Plan”) is hereby amended by the Board of Directors of Alnylam Pharmaceuticals, Inc. (the “Company”), subject to approval of the Company’s stockholders, to, among other things, increase the aggregate number of shares authorized for issuance under the Plan by 750,000 shares of common stock, par value $0.01 per share, of the Company: 
1. The second sentence of the second paragraph of the Plan is hereby amended and restated in its entirety as follows: 
“An aggregate of 1,965,789 shares of Common Stock have been approved for this Plan.” 
D. Except as amended herein, the Plan is confirmed in all other respects. 
Approved by the Board of Directors on March 1, 2020.
§ 217.4 Prohibitions. Except for the takings contemplated in § 217.3 and authorized by an LOA issued under §§ 216.106 of this chapter and 217.7, it is unlawful for any person to do any of the following in connection with the activities described in § 217.1 of this chapter: ( a ) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under §§ 216.106 of this chapter and 217.7;
( b ) Take any marine mammal not specified in such LOAs;
( c ) Take any marine mammal specified in such LOAs in any manner other than as specified;
( d ) Take a marine mammal specified in such LOAs if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or
( e ) Take a marine mammal specified in such LOAs if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.
Hillsborough,

No. 4562.

#### Philip H. McGranahan d/b/a P. H. McGranahan Co. *v.*Standard Construction Co., Inc.

Argued February 6, 1957.

Decided May 9, 1957.

*47
      *William G. McCarthy*and *McLane, Carleton, Graf, Greene & Brown {Mr. Brown*orally), for the plaintiff.

*Robert E. Earley*for the defendant, furnished no brief.

Blandin, J.

The issue presented is whether the plaintiff’s failure to furnish the owner an account of the labor or materials supplied “as often as once in thirty days” as required by RSA 447:8 bars his recovery. It appears that no work was done nor materials furnished within the thirty days previous to giving the notice to the owner under RSA 447:5 and 6, nor thereafter. The plaintiff sought only to collect the money due him at the time he gave the notice. RSA 447:6 specifies that upon giving notice as here after the work is done and materials supplied the “lien shall be valid to the extent of the amount *then*due ... to the contractor.” (Emphasis supplied). The account required by RSA 447:8 would have been an empty formality here because no work had been done nor materials furnished within the thirty days previous to the giving of notice or thereafter. It is too well established to require citation that the law does not require a useless act. No prejudice has resulted from the failure to comply with RSA 447:8 as the parties were given all the information essential to the protection of their rights. In these circumstances, it appears that RSA 447:8 is inapplicable and the plaintiff having complied with all other essential provisions of RSA ch. 447 relative to notice has preserved the lien which his undertaking created and which is valid to the extent of the amount due the defendant at the time of the plaintiff’s notice. *Boulia-Gorrell Lumber Co.*v. *Company,*84 N. H. 174, 176. The order is

*Judgment for the plaintiff.*

Wheeler, J., took no part in the decision; the others concurred.
u.s. DEPARTMENT OF TRANSPORT,ftrCE"IVED 

OFFICE OF HEARINGS -n-1: : " - ~ 

LUll ! l ! : l.j b 

In The Matter Of: 

HELOAIR, INC., 

Respondent. 

wASHINGTON, D.C. AUG 1 3 2012 

) 

) 

) 

) 

) 

NOTICE OF APPEARANCE 

HlEARING DOCKET 

Docket No. FAA-2012-0472 

Case No. 2011-EA-210081 

Respondent, HeloAir, Inc., hereby notifies the United States Department of Transportation, 

Office of Hearings, and the Complainant, pursuant to 14 C.F.R § 13.204(b) that it shall be 

represented in the above-stated action by the attorney listed below. All communications, notices, 

pleadings, or documents are respectfully requested to be forwarded as follows: 

Dated: August 7, 2012 

{W2041620 I 009816-084619) 

John G. Butler, III, Esquire 

SANDS ANDERSON PC 

Bank of America Center 

1111 East Main Street, Suite 2400 

Richmond, Virginia 23219 

Telephone: (804) 648-1636 

Facsimile: (804) 783-7291 

Respectfully submitted, 

./} /;;j. (5 ~a; er, III, Esquire (VSB # 46200) 

(DCB # 460969) 

SANDS ANDERSON PC 

Bank of America Center 

1111 East Main Street, Suite 2400 

Richmond, Virginia 23219 

Telephone: (804) 648-1636 

Facsimile: (804) 783-7291 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date mailed, by United States mail, postage prepaid, an 

original and one copy of the foregoing Notice of Appearance addressed to: 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

And further, that I have this date mailed, by United States mail, one copy of the foregoing Notice 

of Appearance addressed to: 

Zachary M. Berman, Complainant's Counsel 

Office ofthe Regional Counsel, AEA-7 

Eastern Region 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, New York 11434 

Telephone: 718-553-3258 

Facsimile: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

Telephone: 202-366-2132 

Facsimile: 202-366-7536 

Whit Baldwin, President 

HeloAir, Inc., Respondent 

5721 Gulfstream Road 

Richmond, Virginia 23250 

Telephone: 804-226-3400 

Facsimile: 804-226-3494 

Dated: August 7, 2012 

{W2041620.1 009816-084619)